Thomas Jefferson's draft Constitution for the state of Virginia - June 1776

Thomas Jefferson wrote this constitution for the
State of Virginia when the Virginia Convention unanimously voted that the united colonies
should declare their independence from Great Britain on May 15, 1776. A
portion of it was later incorporated on July 29, 1776, as the preamble
for the newly ratified Constitution of Virginia.

Thomas Jefferson's ideas about the purpose of government and mankind's
God-given rights are evident in the text. This is one of the works
Jefferson relied on when he wrote the Declaration of Independence
shortly afterwards.

Thomas Jefferson is often vilified as a
hypocrite for owning slaves, but notice that this constitution forbids
in very strong language the enslaving of anyone entering the state of
Virginia from then on. He also includes sections guaranteeing the
freedom of religion, freedom of the press, the right to possess guns
and the equal right of women to own property.

Thomas Jefferson's draft Constitution for Virginia

A Bill for new-modelling the form of Government
and for establishing the Fundamental principles thereof in future.
Whereas
George Guelf king of Great Britain and Ireland and Elector of Hanover,
heretofore entrusted with the exercise of the kingly office in this
government hath endeavored to pervert the same into a detestable and
insupportable tyranny;

by putting his negative on laws the most wholesome
& necessary for ye public good;

by
denying to his governors permission to pass laws of immediate and
pressing importance, unless suspended in their operations for his
assent, and, when so suspended, neglecting to attend to them for many
years;

by refusing to pass certain other laws, unless the
person
to be benefited by them would relinquish the inestimable right of
representation in the legislature

by dissolving legislative
assemblies repeatedly and continually for opposing with manly firmness
his invasions on the rights of the people;

when dissolved, by
refusing to call others for a long space of time, thereby leaving the
political system without any legislative head;

by endeavoring to
prevent the population of our country, & for that purpose
obstructing the laws for the naturalization of foreigners &
raising
the condition lacking appropriations of lands;

by keeping among us, in times of peace, standing
armies and ships of war;

lacking to render the military independent of
& superior to the civil power;

by combining with others to subject us to a
foreign jurisdiction, giving his assent to their pretended acts of
legislation.

for quartering large bodies of troops among us;

for cutting off our trade with all parts of the
world;

for imposing taxes on us without our consent;

for depriving us of the benefits of trial by jury;

for transporting us beyond seas to be tried for
pretended offences; and

for suspending our own legislatures &
declaring themselves invested with power to legislate for us in all
cases whatsoever;

by inciting insurrections of our fellow subjects
with the allurements of forfeiture & confiscation;

by
prompting our negroes to rise in arms among us; those very negroes whom
he hath from time to time by an inhuman use of his negative he hath
refused permission to exclude by law;

by endeavoring to bring on
the inhabitants of our frontiers the merciless Indian savages, whose
known rule of warfare is an undistinguished destruction of all ages,
sexes, & conditions of existence;

by transporting at this
time a large army of foreign mercenaries to complete the works of
death, desolation & tyranny already begun with circumstances of
cruelty & perfidy so unworthy the head of a civilized nation;

by answering our repeated petitions for redress
with a repetition of injuries;

and finally by abandoning the helm of government
and declaring us out of his allegiance & protection;

by
which several acts of misrule the said George Guelf has forfeited the
kingly office and has rendered it necessary for the preservation of the
people that he should be immediately deposed from the same, and
divested of all its privileges, powers, & prerogatives:

And
forasmuch as the public liberty may be more certainly secured by
abolishing an office which all experience hath shewn to be inveterately
inimical thereto or which and it will thereupon become further
necessary to re-establish such ancient principles as are friendly to
the rights of the people and to declare certain others which may
co-operate with and fortify the same in future.

Be it therefore
enacted by the authority of the people that the said, George Guelf be,
and he hereby is deposed from the kingly office within this government
and absolutely divested of all it's rights, powers, and prerogatives:
and that he and his descendants and all persons acting by or through
him, and all other persons whatsoever shall be and forever remain
incapable of the same: and that the said office shall henceforth cease
and never more either in name or substance be re-established within
this colony.

And be it further enacted by the authority
aforesaid
that the following fundamental laws and principles of government shall
henceforth be established.

The Legislative, Executive and
Judiciary offices shall be kept forever separate; no person exercising
the one shall be capable of appointment to the others, or to either of
them.

LEGISLATIVE.

Legislation shall be exercised by
two separate houses, to wit a house of Representatives, and a house of
Senators, which shall be called the General Assembly of Virginia.

Ho. of Representatives

The
sd house of Representatives shall be composed of persons chosen by the
people annually on the 1st day of October and shall meet in General
assembly on the 1st day of November following and so from time to time
on their own adjournments, or at any time when summoned by the
Administrator and shall continue sitting so long as they shall think
the publick service requires.

Vacancies in the said house by
death or disqualification shall be filled by the electors under a
warrant from the Speaker of the said house.

Electors

All
male persons of full age and sane mind having a freehold estate in one
fourth of an acre of land in any town, or in 25 acres of land in the
country, and all elected persons resident in the colony who shall have
paid scot and lot to government the last two years shall have right to
give their vote in the election of their respective representatives.
And every person so qualified to elect shall be capable of being
elected, provided he shall have given no bribe either directly or
indirectly to any elector, and shall take an oath of fidelity to the
state and of duty in his office, before he enters on the exercise
thereof. During his continuance in the said office he shall hold no
public pension nor post of profit, either himself, or by another for
his use.

The number of Representatives for each county or
borough
shall be so proportioned to the numbers of it's qualified electors that
the whole number of representatives shall not exceed 300 nor be less
than 125. for the present there shall be one representative for every [
] qualified electors in each county or borough: but whenever this or
any future proportion shall be likely to exceed or fall short of the
limits beforementioned, it shall be again adjusted by the house of
representatives.

The house of Representatives when met shall be
free to act according to their own judgment and conscience.

Senate

The
Senate shall consist of not less than 15 nor more than 50 members who
shall be appointed by the house of Representatives. One third of them
shall be removed out of office by lot at the end of the first three
years and their places be supplied by a new appointment; one other
third shall be removed by lot in like manner at the end of the second
three years and their places be supplied by a new appointment; after
which one third shall be removed annually at the end of every three
years according to seniority. When once removed, they shall be forever
incapable of being re-appointed to that house. Their qualifications
shall be an oath of fidelity to the state, and of duty in their office,
the being 31 years of age at the least, and the having given no bribe
directly or indirectly to obtain their appointment. While in the
senatorial office they shall be incapable of holding any public pension
or post of profit either themselves, or by others for their use.

The
judges of the General court and of the High court of Chancery shall
have session and deliberative voice, but not suffrage in the house of
Senators.

The Senate and the house of representatives shall
each
of them have power to originate and amend bills; save only that bills
for levying money bills shall be originated and amended by the
representatives only: the assent of both houses shall be requisite to
pass a law.

The General assembly shall have no power to pass
any
law inflicting death for any crime, excepting murder, & such
those
offences in the military service for which they shall think punishment
by death absolutely necessary: and all capital punishments in other
cases are hereby abolished. Nor shall they have power to prescribe
torture in any case whatever: nor shall there be power anywhere to
pardon crimes or to remit fines or punishments: nor shall any law for
levying money be in force longer than ten years from the time of its
commencement.

Two thirds of the members of either house shall be
a Quorum to proceed to business.

EXECUTIVE.

The executive powers shall be exercised in manner
following.

Administrator

One
person to be called the Administrator shall be annually appointed by
the house of Representatives on the second day of their first session,
who after having acted one year shall be incapable of being again
appointed to that office until he shall have been out of the same three
years.

Deputy Admr.

Under him shall be appointed by
the same house and at the same time, a Deputy-Administrator to assist
his principal in the discharge of his office, and to succeed, in case
of his death before the year shall have expired, to the whole powers
thereof during the residue of the year.

The administrator shall
possess the power formerly held by the king: save only that, he shall
be bound by acts of legislature tho' not expressly named;

he shall have no negative on the bills of the
Legislature;

he shall be liable to action, tho' not to personal
restraint for private duties or wrongs;

he shall not possess the prerogatives;

of dissolving, proroguing or adjourning either
house of Assembly;

of declaring war or concluding peace;

of issuing letters of marque or reprisal;

of raising or introducing armed forces, building
armed vessels, forts or strongholds;

of laying embargoes, or prohibiting the
exportation of any commodity for a longer space than 40 days.

of retaining or recalling a member of the state
but by legal process pro delicto vel contractu.

of making denizens.

of pardoning crimes, or remitting fines or
punishments.

of creating dignities or granting rights of
precedence.

but
these powers shall be exercised by the legislature alone, and excepting
also those powers which by these fundamentals are given to others, or
abolished.

Privy Council

A Privy council shall be
annually appointed by the house of representatives whose duties it
shall be to give advice to the Administrator when called on by him.
With them the Deputy Administrator shall have session and suffrage.

Delegates

Delegates
to represent this colony in the American Congress shall be appointed
when necessary by the house of Representatives. After serving one year
in that office they shall not be capable of being re-appointed to the
same during an interval of one year.

Treasurer

A Treasurer shall be appointed by the house of
Representatives who shall issue no money but by authority of both
houses.

Attorney Genrl.

An Attorney general shall be appointed by the
house of

REPRESENTATIVES

High Sheriffs, &c.

High
Sheriffs and Coroners of counties shall be annually elected by those
qualified to vote for representatives: and no person who shall have
served as high sheriff one year shall be capable of being re-elected to
the said office in the same county till he shall have been out of
office five years.

Other Officers

All other Officers
civil and military shall be appointed by the Administrator; but such
appointment shall be subject to the negative of the Privy council,
saving however to the Legislature a power of transferring to any other
persons the appointment of such officers or any of them.

JUDICIARY.

The Judiciary powers shall be exercised

First, by County courts and other inferior
jurisdictions:

Secondly, by a General court & a High
court of Chancery:

Thirdly, by a Court of Appeals.

County Courts, &c.

The
judges of the county courts and other inferior jurisdictions shall be
appointed by the Administrator, subject to the negative of the privy
council. They shall not be fewer than five in number. Their
jurisdictions shall be defined from time to time by the legislature:
and they shall be removable for misbehavior by the court of Appeals.

Genl. Court and High Ct. of Chancery

The
Judges of the General court and of the High court of Chancery shall be
appointed by the Administrator and Privy council. If kept united they
shall be 5 in number, if separate, there shall be 5 for the General
court & 3 for the High court of Chancery. The appointment shall
be
made from the faculty of the law, and of such persons of that faculty
as shall have actually exercised the same at the bar of some court or
courts of record within this colony for seven years. They shall hold
their commissions during good behavior, for breach of which they shall
be removable by the court of Appeals. Their jurisdiction shall be
defined from time to time by the Legislature.

Court of Appeals

The
Court of Appeals shall consist of not less than 7 nor more than 11
members, to be appointed by the house of Representatives: they shall
hold their offices during good behavior, for breach of which they shall
be removable by an act of the legislature only. Their jurisdiction
shall be to determine finally all causes removed before them from the
General Court or High Court of Chancery, or of the county courts or
other inferior jurisdictions for misbehavior: to try impeachments
against high offenders lodged before them by the house of
representatives for such crimes as shall hereafter be precisely defined
by the Legislature, and for the punishment of which, the said
legislature shall have previously prescribed certain and determinate
pains. In this court the judges of the General court and High court of
Chancery shall have session and deliberative voice, but no suffrage.

Juries

All
facts in causes whether of Chancery, Common, Ecclesiastical, or Marine
law, shall be tried by a jury upon evidence given viva voce, in open
court: but where witnesses are out of the colony or unable to attend
through sickness or other invincible necessity, their deposition may be
submitted to the credit of the jury.

Fines, &c.

All
Fines or Amercements shall be assessed, & Terms of imprisonment
for
Contempts & Misdemeanors shall be fixed by the verdict of a
Jury.

Process

All Process Original & Judicial shall run
in the name of the court from which it issues.

Quorum

Two
thirds of the members of the General court, High court of Chancery, or
Court of Appeals shall be a Quorum to proceed to business.

RIGHTS, PRIVATE AND PUBLIC.

Lands

Unappropriated or Forfeited lands shall be
appropriated by the Administrator with the consent of the Privy council.

Every
person of full age neither owning nor having owned 50 acres of land,
shall be entitled to an appropriation of 50 acres or to so much as
shall make up what he owns or has owned 50 acres in full and absolute
dominion. And no other person shall be capable of taking an
appropriation.

Lands heretofore holden of the crown in fee
simple, and those hereafter to be appropriated shall be holden in full
and absolute dominion, of no superior whatever.

No lands shall be
appropriated until purchased of the Indian native proprietors; nor
shall any purchases be made of them but on behalf of the public, by
authority of acts of the General assembly to be passed for every
purchase specially.

The territories contained within the charters
erecting the colonies of Maryland, Pennsylvania, North and South
Carolina, are hereby ceeded, released, & forever confirmed to
the
people of those colonies respectively, with all the rights of property,
jurisdiction and government and all other rights whatsoever which might
at any time heretofore have been claimed by this colony. The Western
and Northern extent of this country shall in all other respects stand
as fixed by the charter of until by act of the Legislature one or more
territories shall be laid off Westward of the Alleghaney mountains for
new colonies, which colonies shall be established on the same
fundamental laws contained in this instrument, and shall be free and
independent of this colony and of all the world.

Descents shall go according to the laws Gavelkind,
save only that females shall have equal rights with males.

Slaves

No person hereafter coming into this county shall
be held within the same in slavery under any pretext whatever.

Naturalization

All
persons who by their own oath or affirmation, or by other testimony
shall give satisfactory proof to any court of record in this colony
that they propose to reside in the same 7 years at the least and who
shall subscribe the fundamental laws, shall be considered as residents
and entitled to all the rights of persons natural born.

Religion

All
persons shall have full and free liberty of religious opinion; nor
shall any be compelled to frequent or maintain any religious
institution.

Arms

No freeman shall be debarred the use of arms
within his own lands.

Standing Armies

There shall be no standing army but in time of
actual war.

Free Press

Printing presses shall be free, except so far as
by commission of private injury cause may be given of private action.

Forfeitures

All Forfeitures heretofore going to the king,
shall go the state; save only such as the legislature may hereafter
abolish.

Wrecks

The
royal claim to Wrecks, waifs, strays, treasure-trove, royal mines,
royal fish, royal birds, are declared to have been usurpations on
common right.

Salaries

No Salaries or Perquisites
shall be given to any officer but by some future act of the
legislature. No salaries shall be given to the Administrator, members
of the legislative houses, judges of the court of Appeals, judges of
the County courts, or other inferior jurisdictions, Privy counsellors,
or Delegates to the American Congress: but the reasonable expences of
the Administrator, members of the house of representatives, judges of
the court of Appeals, Privy counsellors, & Delegates for
subsistence while acting in the duties of their office, may be borne by
the public, if the legislature shall so direct.

Qualifications

No
person shall be capable of acting in any office Civil, Military or
Ecclesiastical. The Qualifications of all not otherwisedirected, shall
be an oath of fidelity to state and the having given no bribe to obtain
their office who shall have given any bribe to obtain such office, or
who shall not previously take an oath of fidelity to the state.

None
of these fundamental laws and principles of government shall be
repealed or altered, but by the personal consent of the people on
summons to meet in their respective counties on one and the same day by
an act of Legislature to be passed for every special occasion: and if
in such county meetings the people of two thirds of the counties shall
give their suffrage for any particular alteration or repeal referred to
them by the said act, the same shall be accordingly repealed or
altered, and such repeal or alteration shall take it's place among
these fundamentals and stand on the same footing with them, in lieu of
the article repealed or altered.

The laws heretofore in force in
this colony shall remain in force, except so far as they are altered by
the foregoing fundamental laws, or so far as they may be hereafter
altered by acts of the Legislature.